About

Policy 1433 – Americans with Disabilities Act Policy

Revision Date: 10/28/2022

Last Review:  10/28/2022

Responsible Office: Student Advancement / Office of Human Resources

References:  Americans with Disabilities Act of 1990 as amended; University of Louisiana System, Policy M-11, Board Rule Chapter 3, Section XIX; La R.S. 46:2594 – 2597 as amended.


Policy

Links to Embedded Sections:

Policy for Employment Accommodations for Persons With Disabilities Under The ADA-Title 1 within this policy.

Policies and Procedures for Students With Disabilities

Policies for Accessible Textbook and Technology

Service and Emotional Support/Assistance Animal Policy

To state the policy of Louisiana Tech University to provide equal opportunity for all qualified persons without regard to disability in the recruitment of, admission to, participation in, treatment in or employment in the programs and activities operated and sponsored by the University in compliance with the Americans with Disabilities Act of 1990 (ADA) and other related federal and state law.

Definitions

Federal regulations provide the following definitions:

An individual with a disability is any person who (1) has a physical or mental impairment which substantially limits one or more major life activity, (2) has a record of such impairments, or (3) is regarded as having such impairment.

With respect to post-secondary services, a qualified individual with a disability is a person who meets the academic and other eligibility standards requisite to admission or participation in the recipient’s education program or activity.

Procedures

It is the policy of Louisiana Tech University to comply with the Americans with Disabilities Act of 1990 (ADA) as amended, Section 504 of the Rehabilitation Act of 1973, and other applicable federal and state laws and regulations that prohibit discrimination on the basis of disability. Section 504 and the ADA require that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University, or be subjected to discrimination by the University. Consistent with the requirements of the ADA, opportunities afforded generally to University students are equally afforded to students with disabilities.   The University enforces a policy that requires the deployment of accessible technology and course content in the University setting.  To that end, the University shall conduct a review of the accessibility of its technology and instructional materials and shall ensure that all technology, including websites, instructional materials and online courses, and other electronic and information technology for use by students or prospective students, is accessible.  The policy regarding the requirement of deploying accessible technology in the University setting follows this section.  

It is the policy of Louisiana Tech to respond to requests for accommodation(s) from qualified individuals and provide reasonable accommodations necessary to ensure equal access to employment, education opportunities, programs, services, and activities in the most integrated setting appropriate.

1. Employees and Applicants for Employment

Louisiana Tech University will adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing reasonable accommodations as required, affording equal employment opportunity to qualified disabled individuals. Reasonable accommodations will be provided by the employing unit/department in a timely and cost-effective manner. Employment opportunities shall not be denied because of the need to make reasonable accommodations to an individual’s disability.

It is the responsibility of the individual employee or applicant to request accommodations from the Department of Human Resources. In all cases in which a reasonable accommodation is requested, the University representative receiving the request should comply with the ADA Employment Guidelines (Department of Human Resources).

See Policy for Employment Accommodations for Persons With Disabilities Under The ADA-Title 1 within this policy.

2. Students and Applicants for Student Status

The University shall not discriminate on the basis of disability in any academic program or activity associated with the University and will integrate students with disabilities into the University community to the fullest extent possible. Qualified applicants with disabilities will not be denied admission or subjected to discrimination in admission or recruitment to the University on the basis of their disability. In its recruitment efforts, the University shall not limit the number of persons with disabilities who may be admitted. All admission criteria and testing will be selected, administered, and evaluated in a manner that is accessible and accurately reflects the applicant’s ability.

Applicants for admission may voluntarily self-identify as a person with a disability in the admissions process and will be routinely provided information on services available to students with disabilities at the University. A decision not to self-identify will not result in adverse treatment of the applicant. 

In all cases in which a student or applicant for student status requests an accommodation based upon disability, advice and assistance from the Office of Testing and Disability Services (318.257.4221) or ADA Coordinator (318.257.2445) should be sought by the University representative receiving the request. Students and prospective students should be encouraged to contact and/or register with the Office of Testing and Disability Services to secure information regarding services and accommodations that are available.

See Policies and Procedures for Students With Disabilities within this policy. 

3. University Public Services

The University shall not discriminate on the basis of disability in any sponsored activity, program or service but will make such activities, programs and services available to persons with disabilities to the fullest extent possible.

It is the responsibility of University personnel and administrators responsible for activities, programs and services to respond to requests for accommodations by persons with disabilities seeking access to such activities, programs and services. In determining an appropriate response, advice and assistance may be obtained from the Office of Testing and Disability Services (318.257.4221) or ADA Coordinator (318.257.2445).

See Policies for Accessible Textbook and Technology within this policy.

See Service and Emotional Support/Assistance Animal Policy within this policy.

General questions about such services should be directed through the Office of Testing and Disability Services or Administrative Services respectively. Contact information for each follows. (Please see Grievance Policy)

Confidentiality

Disability-related documentation is to be treated as medical documentation which is to be kept confidential and is not to be released to anyone outside the area to which it was submitted or outside the direct chain of command unless determined to be provided on a need to know basis to other university personnel.

Retaliation

The University shall not retaliate against any individual for filing a charge of discrimination, opposing any practice or act made unlawful by the ADA, for participating in any proceeding under the ADA, or for exercising rights or aiding or encouraging any other person in the exercise or enjoyment of his rights under the ADA. If subject to retaliation based on disability, the individual should report such action to the appropriate vice president or ADA Coordinator who will commence an immediate investigation into the allegation.

Harassment

It is the policy of the University to provide a professional environment for members of the University community. Harassment on the basis of any of the following is unlawful: race, color, gender, age, religion, national origin, citizenship, disability, sexual orientation, or veteran status. If subjected to disability harassment, the individual should report such action to the appropriate university official–immediate supervisor, appropriate vice president, or ADA Coordinator–who will commence an immediate investigation into the allegation. If an individual has knowledge of disability harassment to another person or by another person, that individual should report such action to the ADA Coordinator.

Roles and Responsibilities

  1. Office of the President: Has final authority for all decisions regarding the implementation of this policy.
  2. Department of Human Resources: Is responsible for developing and administering procedures to provide for compliance with regard to employees and applicants for employment.
  3. Office of Testing and Disability Services: Coordinates disability-related support services and provides accommodations for enrolled qualified students with documented disabilities. Provides information on services for students with disabilities to potential students and their families and serves as a campus resource for matters concerning persons with disabilities. The University’s Office of Testing and Disability Services serves as the main point of contact on issues related to ADA compliance for all persons involved in providing class instruction at the University.  If a student makes a disability-related complaint to a person involved in providing class instruction, that person must notify the Office of Testing and Disability Services immediately so that the Office of Testing and Disability Services can ensure appropriate resolution of the complaint and, where appropriate, be involved in facilitating such resolution. 
  4. Physical Plant: Provides technical support on matters involving University facilities and premises and is responsible for monitoring accessibility of University facilities and premises by persons who are disabled. Monitors new construction and major repairs for compliance with codes and regulations.
  5. University ADA Council: Is responsible for continuing development, implementation and monitoring of the University’s compliance with the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, as applicable to the University. The Council membership includes the ADA Coordinator (Chair), Director of Recruitment and Admissions, Director of Human Resources, Director and Coordinator of Testing and Disability Services, Physical Plant representative, Assistant for Administrative Services (telecommunications/capital outlay/deferred maintenance), and Director of the University Counseling and Career Center. 

Contact Information

ADA Coordinator, Mrs. Annie Jantz, Keeny Hall 303, 318.257.2445, ajantz@latech.edu

Administration and Facilities, Mr. Sam Wallace, 408 Keeny Hall 318.257.2769, wallace@latech.edu

Human Resources Director, Mrs. Sheila Trammel, Keeny Hall 418, 318.257.2235, strammel@latech.edu

Dean of Student Services and Academic Support, Mrs. Stacy Gilbert, Wyly Tower 206, 318.257.4730, stacyg@latech.edu

Testing and Disability Services, Director, Mr. Stacy Lolley, Wyly Tower 318, 318.257.4221, slolley@latech.edu  

Testing and Disability Services, Coordinator, Ms. Emily Johnson, Wyly Tower 318, 318.257.4221, emilykj@latech.edu

Policy for Employment Accommodations for Persons With Disabilities Under The ADA-Title 1

This policy applies to faculty, unclassified staff and civil service employees. Student employees, graduate assistants, research assistants, teaching assistants, and post-doctoral personnel should seek assistance with the student policy addressing accommodations for students with disabilities under the ADA.

Policy

  1. The Americans with Disabilities Act (ADA), the Louisiana Civil Rights Act, and Louisiana Tech policy prohibit discrimination in employment against qualified individuals with disabilities. It is the policy of Louisiana Tech University to provide reasonable accommodations when necessary for persons qualified under the ADA. These accommodations must be made in a timely manner and on an individualized and flexible basis.
  2. It is the responsibility of the individual employee to identify him/herself as an individual with a disability when seeking an accommodation. It is also the responsibility of individual employees to document their disability (from an appropriately licensed professional) and to demonstrate how the disability limits their ability to perform the essential functions of their job or limits participation in programs or services of the university. Medical documentation will be kept confidential.
  3. Employees must maintain institutional standards of performance, attendance, and conduct as specified by the department or unit.
  4. The University commits to engaging in an interactive process as described below regarding reasonable accommodations.
  5. The University will maintain documentation of the interactive process, including:
    1. the accommodation requested and discussed;
    2. any other equally effective accommodations identified;
    3. business reasons for decisions made; and
    4. actions taken on the accommodation request. 

Areas of Employment Addressed by This Policy

  1. The performance of the essential functions of a position currently held by an employee or one being sought by a qualified employee or applicant.
  2. The application and selection process in which employees and applicants participate.
  3. Equal access to employee benefits and employment privileges such as training, facilities and university-sponsored events.

General Provisions

  1. All medical information or other information related to an individual’s request for accommodation is confidential and should be maintained in the University Department of Human Resources in Keeny Hall.
  2. Funding for accommodations will be handled in the same manner as any other departmental expenditure. If the unit has insufficient funds, it must seek additional resources through its regular administrative channels.

Procedures for Requesting Accommodations

Requesting an Accommodation to Perform the Essential Functions of a Position

  1. The Americans with Disabilities Act of 1990, as amended, requires reasonable accommodation as a means of overcoming unnecessary barriers that prevent or restrict employment opportunities for otherwise qualified individuals with disabilities.
  2. A person may request an accommodation to perform the essential functions of a position. This may be for the person’s current position or a position for which the person is applying.
  3. To receive an accommodation under the ADA, employees and applicants can complete an application with the Director of Human Resources in Keeny Hall, using the Faculty/Staff Accessibility Concern Form.
  4. During the initial meeting with the Director of Human Resources, two things will be accomplished:
    1. The Director of Human Resources will determine what documentation from a licensed professional is needed to support the employee’s request for accommodation.
    2. The responsibilities of the university and the employee will be clarified.
  5. After reviewing the documentation and the facts of each request, the Director of Human Resources will determine if the employee is eligible for accommodations under the ADA.
  6. The Director of Human Resources will review the essential functions of the job, the functional limitations of the disability, and the reasonableness of an accommodation. The Director of Human Resources will then facilitate a discussion with the supervisor/unit head/dean and the employee to determine what accommodations may be reasonable.
  7. The Director of Human Resources may seek advice from third-party experts when necessary. Only the University Department of Human Resources will retain medical documentation, which will be kept in a separate confidential file and will share medical information on a need-to-know basis. Supervisors will be informed of the functional limitations and the accommodation.
  8. It is the responsibility of the Director of Human Resources to determine the reasonable accommodation in a particular case after reviewing all the facts. The Director of Human Resources will outline the process for providing the accommodation, both verbally and in writing, to the employee and the department.
  9. The employee is responsible for contacting the Director of Human Resources if reasonable accommodations are not implemented in an effective and timely manner or if the accommodations are not working. The Director of Human Resources will work with the employee and the department to resolve disagreements regarding recommended accommodations.
  10. If an employee with a disability cannot be reasonably accommodated, continued employment will be considered on a case-by-case basis in accordance with state and federal laws.

Requesting an Accommodation to Participate in the Selection Process or to Participate in Employment-Related University Programs

  1. A person with a disability, whether an employee or applicant, who needs an accommodation to participate in a selection process (such as a test or an interview) for a university position must contact the department or unit that is administering the selection process to request an accommodation.
  2. An employee who meets the definition of a person with a disability and who needs an accommodation to participate in an employment-related university program, event, or benefit must contact the department or unit that is sponsoring or holding the program to request an accommodation.
  3. The request for accommodation must come in a timely manner to allow the department or unit to respond to the request.
  4. The department or unit that receives a request for an accommodation may contact the Director of Human Resources for assistance in determining if the individual is a person with a disability as defined by the ADA and, if so, for assistance in making a reasonable accommodation.
  5. The department or unit will document all requests for accommodations, responses to the requests, and forward any records to the Director of Human Resources.

Grievance Policy for University Employees

It is the policy of the University that issues concerning accommodation of persons with disabilities for employment and participation in academic and other programs, activities and services of the University should be expeditiously resolved between the person requesting the accommodation and the University employee representing the department within which the employment, academic program or other program, activity or service is located. If the person requesting an accommodation is not satisfied with the proposed accommodation, the following procedure should be utilized:

An individual who believes the university has not met its obligations under the ADA should contact the ADA Coordinator within thirty (30) days of an adverse decision by the Director of Human Resources. The employee can file a grievance via the Faculty/Staff Grievance Form, available in Human Resources, Keeny Hall 418, 318.257.2235. The ADA Coordinator will convene the ADA Council, which will consider the request and render a decision within thirty (30) days after receiving the appeal.

Specific inquiries can be addressed to any of the following:

  • Academic/Curricula– Provost, Dr. Terry McConathy, 1653 Wyly Tower, 318.257.4262,  tmm@latech.edu
  • Employment– Director of Human Resources, Mrs. Sheila Trammel, 160 Keeny Hall, 318.257.2235, strammel@latech.edu
  • Facility Access– Associate Vice President for Administration and Facilities, Mr. Sam Wallace, 408 Keeny Hall, 318.257.2769,  wallace@latech.edu
  • Housing/Student Sponsored Events– Executive Vice President and Vice President for Student Advancement, Dr. James M. King, 305 Keeny Hall, 318.257.2445,  king@latech.edu
  • Student Access– Director,  Testing and Disability Services, Mr. Stacy Lolley, 318 Wyly Tower, 318.257.4221, slolley@latech.edu
  • Other Issues– ADA Coordinator, Mrs. Annie Jantz, 303 Keeny Hall, 318.257.2445, ajantz@latech.edu

In each case the university representative will investigate the complaint and render a decision within 30 days of receipt of the complaint, if possible. If the grievant is not satisfied with the response, the grievant (within 30 days of notification) may appeal to the ADA Coordinator who will convene the ADA Council to review the complaint and make a recommendation to the President. The decision of the President will be communicated to the grievant and will be the final University administrative action on the grievance.

An individual has the right to file complaints of ADA violations with

US Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division Disability Rights Section – 1425 NYAV, Washington, DC 20530,

ADA Information Line: 800.514.0301 (voice) or 800.514.0383 (TTY).

Main Section Telephone Number: 202.307.0663 (voice and TTY)

Fax 202.307.1197

Text Book Accessibility Policy Statement

Louisiana Tech University is committed to providing a learning environment that affords equal access to instructional material to all members of the University community. Both Federal law and State law classify accessible instructional materials to be all forms of communication; therefore, materials must be available in a manner that is equally effective for persons with disabilities. These laws pertain to any material required by an instructor including (but not limited to) textbooks, software packages, websites, in-class assignments/resources, and supplemental reading.  Any questions relating to accessibility should be directed to the Department of Testing & Disability Services (TDS@LATech.edu or 318.257.4221). (Refer to  Policy 2220)

Policy Regarding the Requirement of Deploying Accessible Technology in The University Setting

This Exhibit clarifies the requirements of Paragraph 13(a) of the Settlement Agreement between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System under the Americans with Disabilities Act (“Settlement Agreement”).

Under Paragraph 13(a), the University must implement a policy that requires the deployment of accessible technology and course content in the University setting.  To that end, the University shall conduct a review of the accessibility of its technology and instructional materials and shall ensure that, from the effective date of and consistent with the Settlement Agreement, all technology, including websites, instructional materials and online courses, and other electronic and information technology for use by students or prospective students, is accessible.  The required policy will include provisions to the following effect:

  • The University will only purchase, develop or use technology and instructional materials that do not exclude persons who are blind or who have other vision disabilities; and
  • The University will only purchase, develop or use technology and instructional materials that allow persons who are blind or who have other vision disabilities the equal opportunity to access, use, and avail themselves of such technology or instructional materials in as full, equal, and independent a manner as persons without disabilities.

Web Pages

  • New Pages:  All new and redesigned web pages, web applications and web content (“web pages”) published by any college, department, program, unit, or professor that are available to students, prospective students, or applicants must comply with the Web Content Accessibility Guidelines 2.0 level AA (“WCAG 2.0 AA”).
  • Pre-Existing Pages (published prior to the effective date):  Each college, department, program, unit and professor that controls or operates a web page(s) available to students, prospective students, or applicants will develop and implement a plan to make pre-existing web pages posted since January 2010 comply with WCAG 2.0 AA by December 1, 2014.
  • The plan should prioritize pages that are most used or of most importance to students, prospective students, or applicants.
  • The plan should be posted on the department, program, unit, or professor’s website and updated as implementation proceeds.
  • Each University web site, including pre-existing pages, must indicate, in plain text, a method of contact for users having trouble accessing content within the site.
  • Legacy and Archive Pages:  Upon a specific request for access by an individual with a disability, pre-existing pages, legacy pages (e., published prior to January 2010) and pages in archive status (e.g., no longer in use but subject to records retention schedules) containing core administrative or academic information, official records, and similar information must be updated to be in compliance with WCAG 2.0 AA or the content must otherwise be made available to the requesting individual in a timely and accessible manner.  Timeliness should be considered in the context of the type of information or service a page provides and generally within ten (10) business days.
  • For pre-existing pages, if timely access cannot be accomplished, equally effective alternate access must be provided in a timely manner.

Instructional Materials

  • All instructional materials and online courses created by a college, department, program, unit or professor must be fully accessible to individuals with disabilities at the same time they are available to any other student enrolled in that program.
  • Each college, department, program, unit and professor using pre-existing instructional materials and online courses created or used since January 2010 will develop and implement a plan to make them accessible in compliance with WCAG 2.0 AA by December 1, 2014.  The plan should be posted on the department, program, unit, or professor’s website and updated as implementation proceeds.

Other Technology for Effective Communication

  • The University will ensure that any new technology it makes available to students, prospective students or applicants, including web applications, hardware, software, telecommunications, and multimedia is accessible, if such new technology is commercially available and its purchase does not result in undue financial and administrative burdens or a fundamental alteration.  If a product is available and meets some, but not all, of the relevant accessibility provisions of WCAG 2.0 AA, the product that best meets the standard must be procured.
  • The University is committed to ensuring effective communication in the workplace and in its programs. Students or prospective students that require auxiliary aids for hearing, speech, or visual impairments should submit a request for the auxiliary aid to TDS.  Employees or applicants should submit a request for an auxiliary aid to Human Resources.  Requests will be reviewed in a timely manner and the interactive process will be initiated. 
  • The University will develop and implement a process to ensure electronic and information technology purchased by the University is accessible, including:
    1. Language in all technology contracts requiring contractors to warrant their compliance with WCAG 2.0 AA, to provide accessibility testing results and written documentation verifying accessibility, to promptly respond to and resolve accessibility complaints, and to indemnify and hold the University harmless in the event of claims arising from inaccessibility.
    2. A process for determining whether providing effective communication in the University’s electronic and information technology would result in undue financial and administrative burdens or a fundamental alteration.
    3. Procedures for providing equally effective alternate access for technology acquisitions that are approved for exception (see below).
    4. Milestones and timelines.

Technical Assistance, Exceptions, and Monitoring

  • An appropriate office will provide resources, information and assistance to programs on plan development and implementation, as well as on achieving accessibility of web pages, instructional materials, and other technology.
  • When compliance is not technically possible, would require a fundamental alteration, or would result in undue financial and administrative burdens, exceptions to the policy may be granted by an appropriate official.  Requests for exceptions must be in writing.  Whenever an exception is granted, the University must develop a plan to provide equally effective alternate access to the information or service of the technology to students, prospective students, and applicants.
  • The University will periodically conduct audits of websites, instructional materials, and other technology used by colleges, departments, programs, units and professors, inform them of the results, and initiate remedial action for accessibility problems identified.
  • Equally Effective Alternate Access:  “Equally effective alternate access” to electronic and information technology for persons with disabilities is based on (1) timeliness of delivery, (2) accuracy of translation, and (3) delivery in a manner and medium appropriate to the disability of the person.  Such alternate(s), to be equally effective, are not required to produce the identical result or level of achievement for disabled and non-disabled persons, but must afford disabled persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs.
  • Fundamental Alteration:  A change to a university program or service may constitute a fundamental alteration if it alters the essential purpose of the program or service or any of its components.  In situations where a fundamental alteration can be documented, equally effective alternate access must still be provided.
  • Undue Financial and Administrative Burdens:  Undue financial and administrative burdens are created when a proposed course of action causes significant difficulty or expense.  Because an institution must consider all resources available when reviewing claims of undue financial and administrative burdens, the decision to invoke undue financial and administrative burdens should be carefully weighed and sufficiently documented.  In situations where undue financial and administrative burdens can be documented, equally effective alternate access must still be provided. (U.S. Department of Justice, 2013)

Service and Emotional Support/Assistance Animal Policy

Purpose

Louisiana Tech University is committed to reasonably accommodate persons with disabilities who require the assistance of service or emotional support/assistance animals. The University is also mindful of the health and safety concerns of the campus community. Thus, Louisiana Tech must balance the need of the individual with the disability with the potential impact of animals on other campus patrons. The successful implementation of the policy requires the cooperation of all students, faculty, and staff.

Definitions

Service Animal

Any dog* individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability and meets the definition of “service animal” under the Americans with Disabilities Act (“ADA”). The work or tasks performed must be directly related to the individual’s disability.

Examples include, but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

* Under particular circumstances set forth in the ADA regulations at 28 CFR 35.136(i), a miniature horse may qualify as a service animal. Such requests will be evaluated on an individual basis.

Emotional Support/Assistance Animal

An emotional support/assistance animal is one that is necessary to afford the person with a disability an equal opportunity to use and enjoy University housing. An emotional support/assistance animal may provide physical assistance, calming, stability and other kinds of assistance. Assistance Animals do not perform work or tasks that would qualify them as “service animals” under the Americans with Disabilities Act.

Policy

  1. Service Animals

Louisiana Tech faculty & staff will not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. Faculty & staff may ask:

  • If the animal is required because of a disability and;
  • What work or task the animal has been trained to perform.
     

Louisiana Tech cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, Louisiana Tech may not make any inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

Students utilizing service dogs on campus are highly encouraged to register with Disability Services. Students with service dogs who plan to live in campus housing will be asked to register with Residential Life and Disability Services. Specific questions related to the use of service animals on the Louisiana Tech campus by visitors can be directed to Disability Services at TDS@LATech.edu, or phone, 318.257.4221.

  1. Service Animals in Training

Individuals who desire an accommodation for a service animal in training must demonstrate that there is a proper training plan designed to work for the benefit of an individual with a disability. They must also abide by all relevant provisions of this policy. An animal being trained to be a service animal has all the same rights as a fully trained animal when accompanied by a trainer and identified as such.

  1. Emotional Support/Assistance Animals*

Emotional support/assistance animals that are not considered service animals under the ADA may still be permitted, in certain circumstances, in University Housing pursuant to the Fair Housing Act. An individual may keep an emotional support/assistance animal as an accommodation in University housing if:

  1. The individual has a documented disability;
  2. The animal is deemed necessary to afford the individual an equal opportunity to use and enjoy a dwelling; and
  3. There is an identifiable relationship between the disability and the assistance the animal provides.

*Emotional support/assistance animals are NOT allowed in any university buildings other than the student’s residence.

  1. On-campus housing requirements

A student requesting an emotional support/assistance animal that is living or planning to live in on-campus housing (residence halls or apartments) must register with Disability Services and complete the appropriate paperwork. If a student is currently not living in campus housing the appropriate housing applications should be submitted to the Residential Life at the time of the request.

The deadline for requests is 30 days prior to the start of the intended quarter. Applications received after the deadline will be reviewed for the subsequent quarter. This timeframe will allow for Residential Life, in collaboration with Disability Services, to make the appropriate accommodations for the requesting student.

The accommodations committee may decline to approve a request for an emotional support/assistance animal, if an accommodation is unreasonable. An accommodation is unreasonable if it presents an undue financial or administrative burden on the University, or poses a substantial and direct threat to personal or public safety or to the property of others, or constitutes a fundamental alteration of the nature of the service or program.

Prior to approval, the accommodations committee will help to ensure the appropriate accommodations for the emotional support/assistance animal are available. The accommodations committee may also review the student’s Louisiana Tech University judicial records to determine if there are any conduct issues that may affect the student’s ability to effectively control and provide a safe environment for the Service Animal. When the committee has finished its review, the decision will be sent to the student in writing.

All roommates and/or suitemates of the owner must sign an agreement acknowledging that the emotional support/assistance animal will be living in the residence with them.  If one or more roommate or suite mate does not approve of the animal, then the owner of the emotional support/assistance animal may be moved to another location, as determined by the Residence Life Staff, and asked to find a roommate/suitemate willing to sign the agreement.

If an emotional support/assistance animal owner is found to be in violation of the emotional support/assistance animal policy, then the animal and/or the owner may be removed from University Housing.

Service & Emotional Support/Assistance Animal Owner Responsibilities

The Owner of the Service or Emotional Support Animal is expected to accept the following responsibilities*:

  • Students receiving this accommodation are limited to one (1) animal.
  • Students receiving this accommodation must be the owner of the approved animal.
  • All approved animals living on campus will be required to have a campus ID.
  • Owner must show animal campus ID upon request of any university employee.
  • Owner must comply with applicable local, state, and federal laws concerning the ownership of an animal. City of Ruston animal ordinances may be found at https://library.municode.com/la/ruston/codes/code_of_ordinances?nodeId=COOR_CH7AN
  • The Owner, not the university or another student/resident, is responsible for the care and conduct of the animal.
  • Animals must be kept clean, healthy and under the control of the owner at all times.  This means that all animals are to be on a leash, harness, or within a carrier device at all times when outside of the designated living quarters (The residents assigned room). 
  • All required immunizations must be up to date and a copy of the immunizations must be on file with Disability Services.
  • Animals residing on-campus must be spayed or neutered prior to being brought to campus.
  • Animals must wear a collar with appropriate tags (i.e. vaccinations, contact information) at all times.
  • Animals must possess friendly and sociable characteristics. Some specific animals can be restricted from the premises by the Director of Residential Life based on any confirmed or territorial behavior.
  • Animals must not pose a direct threat to the safety of others.
  • The owner is responsible for prompt clean up and disposal of the animal’s waste.
  • The animals waste must be taken to an appropriate residence hall or apartment dumpster.
  • No waste is to be disposed of in any trash receptacle inside any building, or through any sewer system inside each building (sinks and toilets). Outside dumpsters should be used.
  • Animals must sleep in the owner’s room or apartment. Louisiana Tech University can inspect the residence on a regular basis to determine if there is infestation or other damages to the property.
  • Animals must not be disruptive to other students including:
    • Excessive Noise.
    • Other behaviors that may be disruptive (including digging, howling, whining, etc.).
  • Louisiana Tech University is not responsible for an animal during a fire alarm, fire drill, or natural disaster/building emergency.
  • An animal cannot be left alone for more than 12 hours. The owner is responsible for finding appropriate accommodations for the animal when they will be leaving for a period of more than 12 hours.
  • The owner is responsible for any bodily injury or damage caused by the animal to any individual, and is also responsible for the subsequent charges.
  • The owner must notify the Residence Life Office and the Disability Services Coordinator, in writing, when the animal is no longer needed in the residence.
  • If the owner is seeking to replace an animal with another, the student must file a new request and documentation with the Department of Residential Life.
  • Approvals are only good for the academic year in which the approval is made. A new request must be filed prior to the beginning of each subsequent academic year.
  • It is the owner’s responsibility to keep a dog or cat on flea and tick control.  The owner will be responsible for the cost of eliminating any pest infestation as a result of the animal.  The university will contract an appropriate pest control company and bill the student directly if there is a problem.
  • When a student and/or animal vacate the apartment at the end of their contract period, the university will inspect and clean the unit. The owner will be billed appropriate cleaning charges.

 

*Failure to comply with any of the above policies may result in consequences determined by the Judicial Review Board, the Behavioral Standards Committee and/or the removal of the animal and the owner of the animal.

Conflicting Disabilities

Residential Life will make a reasonable effort to notify tenants in the residence building where the animal will be located of the existence of a service or emotional support/assistance animal in the building.

Students with medical condition(s) that are affected by animals (respiratory diseases, asthma, and severe allergies) should contact Residential Life or Disability Services if they have a health or safety related concern about exposure to a service or emotional support/assistance animal. The individual will be asked to provide medical documentation that identifies the condition(s), and will allow determination to be made as to whether the condition is disabling and whether there is a need for an accommodation.

Residential Life and Disability Services will work to resolve any conflict in a timely manner, considering the conflicting needs and/or accommodations of all persons involved. In the event that an agreement cannot be reached, the matter will be referred to the university’s ADA council. The ADA council’s decision will be final and not subject to appeal.

Policies and Procedures for Students With Disabilities

Policy

No qualified student or applicant for student status shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which the University sponsors or operates. Benefits and services to the individuals with disabilities must be in the most integrated setting appropriate to the person’s needs and be equally as effective or equivalent to those provided to other university students.

Procedure

The Office of Testing and Disability Services (TDS), Wyly Tower 318, phone 318.257.4221, functions to provide information, reasonable accommodations and other assistance to students and applicants at Louisiana Tech University. A student requesting accommodations must provide documentation from a case-appropriate licensed/certified professional to the TDS for review and determination. The TDS Committee, which meets weekly, will determine appropriate accommodation(s) and inform the student of the accommodation(s).

The University commits to engaging in an interactive process regarding reasonable accommodations for students and applicants.

The University will maintain documentation of the interactive process, including:

  1. the accommodation requested and discussed;
  2. any other equally effective accommodations identified;
  3. business reasons for decisions made; and
  4. actions taken on the accommodation request. 
     

Role of Department of Testing and Disability Services (TDS)

The TDS is committed to facilitating the self-advocacy of students with disabilities in order for them to experience full participation in all activities, programs and services of the University. The TDS serves as a resource center for the University community and acts as a liaison between students and faculty, as well as with community agencies. Services provided through the TDS are open to students with qualifying documented learning, physical, or psychological disabilities. The Office of Testing and Disability Services takes an active role in working with all persons involved in providing class instruction to students (and others within the University) to promptly and effectively resolve students’ disability-related concerns. 

Additional information regarding students’ rights and responsibilities and established University procedures for requesting and utilizing accommodations may be obtained from the departmental website (https://www.latech.edu/current-students/student-advancement-affairs/disability-services/) or from TDS directly by contacting:

Office of Testing and Disability Services

Director, Mr. Stacy Lolley

P.O. Box 3009
Louisiana Tech University
Ruston, LA 71272
318.257.4221
Office: Wyly Tower 318

Dean, Student Services and Academic Support
Mrs. Stacy C. Gilbert
P.O. Box 3054
Louisiana Tech University
Ruston, LA 71272
318.257.4730
Office: Wyly Tower 206

504/ADA Coordinator
Mrs. Annie Jantz
P.O. Box 3164
318.257.2445
Office: Keeny Hall 303

Role of Faculty Member

The Department of Testing and Disability Services (TDS), students with disabilities, and instructors must work together to provide reasonable accommodations based on documentation provided by the student to TDS during registration.  Louisiana Tech faculty are expected to provide appropriate accommodations to their students in collaboration with the Department of Testing and Disability Services, and consulting TDS staff as needed.  Instructors also assist students in arranging for note takers, help facilitate the exam accommodation process, and collaborate with student and TDS staff to make sure course materials are accessible.  

Students who are granted specialized exam accommodations may choose to receive those in the classroom setting and facilitated by the instructor.  If an instructor is capable of providing the approved accommodations in a classroom, office or departmental office, the student will not need to take the exam at the Department of Testing and Disability Services.  Another option for instructors and students is to make arrangements with the Department of Testing and Disability Services Testing Center.  If a student is granted the option of taking a test in the Testing Center and communicates in any manner his/her desire to do so to the teacher, the teacher shall acquiesce and cooperate as needed with the Testing Center to administer the test. The Testing Center is located in Testing and Disability Services, Wyly Tower 318.  The Center is monitored by video, and strict testing protocol is enforced.  Instructors who have students taking exams in TDS should complete the Teacher Testing Form (https://www.latech.edu/documents/2018/05/testing-form-fillable.pdf ) to ensure faculty specified instructions are followed.  The Teacher Testing Form should accompany the exam.  The exams can be hand delivered (no intra-campus mail, please) or emailed to the secure email address for the department (TDS@LATech.edu)

Grievance Procedure for Students With Disabilities

It is the policy of the University that issues concerning accommodation of students and applicants for student status in regard to participation in academic and other programs, activities and services of the University should be expeditiously resolved between the person requesting the accommodation and the University office representing the department, program or service. The University’s Office of Testing and Disability Services (TDS) serves as the main point of contact on issues related to ADA compliance for all persons involved in providing class instruction at the University.  The TDS will work with students and departments to provide effective and satisfactory accommodations.

Unresolved requests for accommodations or complaints regarding alleged violations of requirements should be presented via the grievance form (https://www.latech.edu/documents/2018/05/complaint_form.pdf) to the Office of Testing and Disability Services within 30 days after the individual becomes aware of the unresolved issue. The written request should provide the name and address of the individual filing the complaint and a brief description of the alleged violation and requested resolution. Students may also raise accessibility concerns verbally. Specific inquiries can be addressed to any of the following:

  • Academic/Curricula– Provost, Dr. Terry McConathy, 1653 Wyly Tower, 318.257.4262,  tmm@latech.edu
  • Employment– Director of Human Resources, Mrs. Sheila Trammel, 160 Keeny Hall, 318.257.2235 strammel@latech.edu
  • Facility Access– Associate Vice President for Administration and Facilities, Mr. Sam Wallace, 408 Keeny Hall, 318.257.2769,  wallace@latech.edu
  • Housing/Student Sponsored Events– Executive Vice President and Vice President for Student Advancement, Dr. James M. King, 305 Keeny Hall, 318.257.2445, king@latech.edu
  • Student Access– Director, Testing and Disability Services, Mr. Stacy Lolley, 318 Wyly Tower, 318.257.4221, slolley@latech.edu
  • Other Issues– ADA Coordinator, Mrs. Annie Jantz, 303 Keeny Hall, 318.257.2445,  ajantz@latech.edu

Faculty and/or staff will be notified within three (3) class days when an ADA grievance or complaint has been filed against them. The faculty/staff member will be allowed to provide a written statement explaining his/her actions and understanding of the situation. In each case the university representative will investigate the complaint and render a decision within 30 days of receipt of the complaint, communicating the decision to the faculty/staff member and grievant. If the grievant is not satisfied with response, the grievant (within 30 days of notification) may appeal to the ADA Coordinator who will convene the ADA Council to review the complaint and make a recommendation to the President. The decision of the President will be communicated to the grievant and will be the final University administrative action on the grievance. The said faculty/staff member will be informed immediately about the actions /decisions of the Office of Testing and Disability Services, Dean of Student Services and Academic Support, University ADA Council, and/or the President.  

Throughout the grievance process, the faculty/staff member’s Department Head and Dean will be immediately copied on all communications and actions pertaining to the ADA grievance involving the faculty/staff member.

  • Appeals – In the event a student or prospective student disagrees with any action or decision of TDS, an appeal can be filed directly with the ADA Coordinator within 30 days of action or decision of TDS, who will convene the ADA Council to review the appeal and make a final determination.

An individual has the right to file complaints of ADA violations with:

US Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division Disability Rights Section – 1425 NYAV, Washington, DC 20530,

ADA Information Line: 800.514.0301 (voice) or 800.514.0383 (TTY).

Main Section Telephone Number: 202.307.0663 (voice and TTY)

Fax 202.307.1197